EFF Calls on Tunisian Court to Uphold Right of Free Expression

On February 15, a verdict will be handed down that determines whether or not the Tunisian Internet Agency (ATI) will need to censor pornography on the Internet. Last May, after receiving--and unsuccessfully attempting to block--an order to censor such websites, the ATI appealed the decision citing, among other things, a lack of financial resources. As a result, the case was sent to the Court of Cassation, Tunisia’s highest court

All Tunisians have a reason to be concerned: Under the rule of Ben Ali, it wasn’t just obscene content that was unavailable to citizens, but political opposition websites, information on human rights, even YouTube.

As a result, Tunisian digital rights activists are wary of letting the government force the ATI to re-install the tools that allowed such overreaching censorship (which in the Ben Ali era were made by American company SmartFilter, owned by Intel). For others--such as the activist community that was active in fighting censorship during the Ben Ali era--it’s a matter of principle. Or as Moez Chakchouk, CEO of the ATI, has argued: “It's not a matter of pornography or not, it's a matter of whether we have censorship or not in Tunisia.”

Indeed, though the current target may be pornography, installing a tool like SmartFilter would enable the ATI to block other categories of websites. And while Chakchouk has spoken out against the idea of any government-mandated censorship outside of the legal process, he is also concerned that putting the tools of censorship in place could easily allow the government to expand its reach.

EFF reiterates our support for Chakchouk and the Tunisian Internet Agency. Tomorrow's decision will not only affect the free speech of Tunisians, but could have broader implications for the region as well. We call on the Court of Cassation to uphold the right of free expression in their decision.

Related Updates

The U.S. Senate is about to vote on a bill that would be disastrous for online speech and communities. The Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA, H.R. 1865) might sound appealing, but it would do nothing to fight sex traffickers. What it would do...

People in marginalized communities who are targets of persecution and violence—from the Rohingya in Burma to Native Americans in North Dakota—are using social media to tell their stories, but finding that their voices are being silenced online. This is the tragic and unjust consequence of content moderation policies...

It’s no secret: Social media has changed the way that we access news. According to the Pew Research Center, two-thirds of Americans report getting at least some of their news on social media. Another study suggests that globally, for those under 45, online news is now as important...

In a victory for journalism and fair use, Playboy Entertainment has given up on its lawsuit against Happy Mutants, LLC, the company behind Boing Boing. Earlier this month, a federal court dismissed Playboy’s claims but gave Playboy permission to try again with a new complaint, if it...

More than 15 state legislatures are considering the “Human Trafficking Prevention Act” (HTPA). But don’t let the name fool you: this bill would do nothing to address human trafficking. Instead, it would only threaten your free speech and privacy in a misguided attempt to block and tax online pornography...

Frankenstein Bill Combines the Worst of SESTA and FOSTA. Tell Your Representative to Reject New Version of H.R. 1865. The House of Representatives is about to vote on a bill that would force online platforms to censor their users. The Allow States and Victims to Fight Online Sex Trafficking Act...

In a win for free expression, a court has dismissed a copyright lawsuit against Happy Mutants, LLC, the company behind acclaimed website Boing Boing. The court ruled [PDF] that Playboy’s complaint—which accused Boing Boing of copyright infringement for linking to a collection of centerfolds—had not sufficiently established...

In a country where press freedom is already under grave threat, the revocation of an independent publication’s license to operate and a proposed amendment to the Bill of Rights are pushing journalists further into the margins. While the Constitution of the Philippines guarantees press freedom and the country’s media landscape...

A huge range of expressive works—including books, documentaries, televisions shows, and songs—depict real people. Should celebrities have a veto right over speech that happens to be about them? A case currently before the California Court of Appeal raises this question. In this case, actor Olivia de Havilland has sued...